People moving away from traditional notion, male child no more a necessity: CJI

New Delhi (India), April 21, 2023: The five-judge constitution bench of the Supreme Court, which is hearing a batch of petitions seeking legal recognition for same-sex marriages, made an interesting observation on Thursday.

Chief Justice DY Chandrachud, who is heading the bench, noted that people are moving away from the traditional notion that having a male child is necessary.

The CJI attributed this shift to the spread and impact of education in society. He also spoke about the trend of childless or single-child couples, which is increasing due to modern-day pressures and the choices made by highly educated individuals.

During the hearing, senior advocate KV Viswanathan, appearing for one of the petitioners, presented his arguments. The bench, comprising Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, remarked that the state cannot discriminate against an individual based on their sexual orientation.

The Centre’s claim that same-sex marriages are elitist or urban-centric lacked any substantial data to back it up, according to the apex court.

The bench’s observations on Thursday remained inconclusive, and the matter will resume on April 24. The bench had also emphasized that the recognition of marriage is a legislative function, and courts should refrain from adjudicating such matters.

The observations made by the bench highlight the changing social attitudes towards traditional notions of gender and family and how education is playing a significant role in bringing about this change.